House
File
100
-
Introduced
HOUSE
FILE
100
BY
WHEELER
,
HOLT
,
SHEETS
,
GASSMAN
,
BAXTER
,
HEARTSILL
,
and
WATTS
A
BILL
FOR
An
Act
regarding
the
nullification
of
regulations
of
the
United
1
States
environmental
protection
agency
in
this
state
and
2
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
455A.15A
Nullification
of
United
1
States
environmental
protection
agency
regulations.
2
1.
The
general
assembly
makes
the
following
findings:
3
a.
The
tenth
amendment
to
the
Constitution
of
the
United
4
States
reads
as
follows:
“The
powers
not
delegated
to
the
5
United
States
by
the
Constitution,
nor
prohibited
by
it
to
the
6
States,
are
reserved
to
the
States
respectively,
or
to
the
7
people.”
8
b.
The
tenth
amendment
defines
the
total
scope
of
federal
9
power
as
being
that
which
is
specifically
granted
by
the
10
Constitution
of
the
United
States
and
no
more.
11
c.
Article
VI
of
the
Constitution
of
the
United
States
12
states
that
federal
actions
are
supreme
only
when
made
in
13
pursuance
of
the
Constitution
of
the
United
States.
14
d.
The
scope
of
power
defined
by
the
tenth
amendment
15
means
that
the
federal
government
was
created
by
the
states
16
specifically
to
be
an
agent
of
the
states.
17
e.
The
regulation-making
authority
of
the
United
States
18
environmental
protection
agency
is
not
authorized
by
the
19
Constitution
of
the
United
States
in
any
article
or
amendment
20
and
violates
the
Constitution’s
true
meaning
and
intent
as
21
given
by
the
founders
and
ratifiers.
22
2.
Based
on
the
findings
in
section
1,
all
regulations
23
imposed
by
the
United
States
environmental
protection
agency
24
before,
on,
or
after
July
1,
2017,
are
void
in
this
state.
25
3.
This
state,
being
conscious
of
the
need
for
environmental
26
protection
for
its
citizens,
shall
provide
environmental
27
protection
through
its
department
of
natural
resources.
28
4.
All
laws
and
funding
appropriations
concerning
29
environmental
protection
shall
be
determined
through
passage
of
30
enrolled
acts
by
the
general
assembly.
31
5.
The
department
of
natural
resources
shall
be
responsible
32
for
the
adoption
and
enforcement
of
all
necessary
rules
33
concerning
environmental
protection
in
this
state.
34
Sec.
2.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
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immediate
importance,
takes
effect
upon
enactment.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
nullifies
the
regulations
of
the
United
States
5
environmental
protection
agency
in
this
state.
The
bill
states
6
that
the
regulation-making
authority
of
the
United
States
7
environmental
protection
agency
is
not
authorized
by
the
8
Constitution
of
the
United
States
in
any
article
or
amendment
9
and
violates
the
Constitution’s
true
meaning
and
intent.
The
10
bill
makes
the
department
of
natural
resources
responsible
for
11
the
protection
of
the
environment
in
this
state.
All
laws
and
12
funding
appropriations
related
to
environmental
protection
13
shall
be
enacted
by
the
general
assembly
of
this
state.
14
The
bill
takes
effect
upon
enactment.
15
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